Arun Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11569 of 2025 Arising Out of PS. Case No.-163 Year-2024 Thana- SIDHWALIYA District- Gopalganj ====================================================== Arun Pandey Son of Ramnath Pandey Resident of Village- Chaopathiya, P.S.- Kushinagar, District- Kushinagar, Uttar Pradesh ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri Rabindra Kumar. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A, 506 and 120B of IPC.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on account of previous enmity the accused persons including the petitioner kidnapped her minor daughter aged about 15 years for some immoral purpose.

4.

It is next submitted that petitioner came to be implicated as his mobile number figured in the mobile of the victim. It is further submitted that aunt of the petitioner, namely, Ruby is a co-villager of the informant and they are known to

Patna High Court CR. MISC. No.11569 of 2025(2) dt.16-04-2025 2/3 each other and as such the aunt of the informant had talked to the victim hence his mobile number figured in the mobile of the victim. It is also submitted that the victim was recovered and her statement was recorded under section 164 Cr.P.C, wherein she has supported the case of the prosecution but then has not even whispered against the petitioner. It is also submitted that the medical report (Annexure-3) does not corroborate allegations of rape as hymen was found intact and her age has been assessed in between 18-19 years. It is fairly submitted that the victim in her statement recorded under section 164 Cr.P.C had alleged the allegation of rape against Anand and Bittu. It is reiterated and submitted that the victim has not even whispered against the petitioner with regard to his involvement in the case. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case

Patna High Court CR. MISC. No.11569 of 2025(2) dt.16-04-2025 3/3 is pending/successor court in connection with Sidhwalia P.S. Case No. 163 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) SUMIT/- U T